The Arbitration Deed serves as a formal submission agreement for existing disputes in the UAE legal framework, particularly under Federal Law No. 6 of 2018 on Arbitration. This document is utilized when parties, who may not have a pre-existing arbitration agreement, decide to submit their dispute to arbitration rather than pursuing litigation in courts. The Arbitration Deed must comply with UAE arbitration law requirements and can be structured to accommodate proceedings in mainland UAE, DIFC, or ADGM jurisdictions. It typically includes detailed provisions about the dispute's scope, arbitrator selection, applicable rules, and procedural aspects, making it essential for businesses operating in the UAE's diverse commercial landscape. The document is particularly relevant for complex commercial disputes where parties prefer the flexibility, confidentiality, and expertise offered by arbitration.
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1. Parties: Identification of all parties to the arbitration, including full legal names, addresses, and registration details
2. Background: Description of the relationship between the parties and the circumstances leading to the current dispute
3. Definitions: Key terms used throughout the deed, including specific dispute-related terminology
4. Dispute Description: Detailed description of the dispute being submitted to arbitration, including relevant facts and issues
5. Agreement to Arbitrate: Express agreement to submit the described dispute to arbitration and waiver of right to litigate
6. Scope of Arbitration: Clear definition of matters to be determined by the arbitral tribunal
7. Seat of Arbitration: Specification of the arbitration seat and applicable procedural law
8. Arbitration Rules: Designation of the arbitration rules to govern the proceedings
9. Arbitral Tribunal: Process for appointment of arbitrators, including number of arbitrators and appointment procedure
10. Language: Specification of the language(s) to be used in the arbitration
11. Governing Law: Law governing the substance of the dispute
12. Confidentiality: Provisions regarding confidentiality of the arbitration proceedings and award
13. Costs: Provisions regarding allocation of arbitration costs and legal fees
14. Notices: Process for serving notices and communications during the arbitration
15. Execution: Signature blocks and execution formalities
1. Interim Measures: Provisions regarding the tribunal's power to grant interim measures, used when parties want to explicitly address this possibility
2. Document Production: Specific procedures for document disclosure and production, used when parties want to establish detailed documentation rules
3. Expert Determination: Provisions regarding appointment and role of experts, used when technical expertise is likely to be required
4. Time Limits: Specific deadlines for various stages of the arbitration, used when parties want to establish a strict timeline
5. Multi-party Provisions: Special provisions for cases involving multiple parties, used when more than two parties are involved
6. Appeals: Provisions regarding possible appeals or review of the award, used when parties want to establish additional review mechanisms
7. Mediation-Arbitration: Provisions for attempted mediation before proceeding to arbitration, used when parties want to include a mandatory mediation step
1. Schedule 1 - Dispute Documents: List and copies of key documents relevant to the dispute
2. Schedule 2 - Arbitrator Qualifications: Specific qualifications and requirements for the arbitrators
3. Schedule 3 - Procedural Timetable: Proposed timeline for the conduct of the arbitration
4. Schedule 4 - Cost Schedule: Breakdown of anticipated costs and payment terms
5. Appendix A - Related Agreements: Copies of relevant contracts or agreements related to the dispute
6. Appendix B - Powers of Attorney: If applicable, powers of attorney for party representatives
7. Appendix C - Supporting Evidence: Key evidence documents referenced in the main deed
Is an Arbitration Deed legally binding in the United Arab Emirates?
Yes, an Arbitration Deed is legally binding in the UAE under Federal Law No. 6 of 2018 on Arbitration. Once properly executed by all parties, it creates a binding obligation to resolve disputes through arbitration rather than court litigation. The arbitral award resulting from this process is enforceable under UAE law and internationally under the New York Convention.
Do I need a lawyer to prepare an Arbitration Deed in the UAE?
While not legally required, it is highly recommended to engage a UAE-qualified lawyer when preparing an Arbitration Deed. The document must comply with Federal Law No. 6 of 2018 and include specific technical requirements for validity. A lawyer ensures proper drafting of arbitration rules, seat selection, and dispute scope definition to avoid future enforceability issues.
Can I use arbitration in the UAE if my original contract has no arbitration clause?
Yes, you can use an Arbitration Deed to submit existing disputes to arbitration even without a pre-existing arbitration clause in your contract. Under Federal Law No. 6 of 2018, parties can agree to arbitrate after a dispute has arisen by executing a proper submission agreement. This is the primary purpose of an Arbitration Deed in the UAE.
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